Can I Use My Privilege Leave Instead of Serving a 30-Day Notice Period? Seeking Legal and HR Insights

Please guide me on whether the PL (Privilege Leave) in hand on the date of giving notice can be adjusted in lieu of the 30-day notice period. Is there any specific law governing this, or does it wholly depend on HR or management policy? Additionally, can one take pending CL (Casual Leave) and SL (Sick Leave) during the notice period?

Thank you.

The notice period serves the purpose of ensuring a smooth transition and finding a suitable replacement. Therefore, converting accumulated paid leave in lieu of the notice period may not be accepted. However, you will receive encashment for any unavailed paid leave at the time of your full and final settlement. Serving during the notice period is considered equivalent to regular service, allowing you to avail casual leave. In unavoidable circumstances, sick leave can be taken, but the notice period should be extended for the corresponding duration, in my opinion.

Best regards,
Pon

Any management will consider any waiver or adjustment when employees also value the company, not only for their own benefit. Therefore, it will not be accepted generally, but it may be considered if you show some consideration for the company as well. Serving the notice period is inevitable professionally and ethically. It may not need to be the full notice period, but at least some notice period days should be served.

Regards,
P K Mishra

Yes, PL can be adjusted in the notice period, but the advice of Mr. Mishra is right: "Serving the notice period is inevitable professionally and ethically. Maybe not in full, but at least some notice period days should be served."

Thanks and regards,

Sumit Kumar Saxena
[Phone Number Removed For Privacy Reasons]

I have provided the 15 days for adjusting 15 days of PL, but HR and the boss are adamant about not allowing such adjustment and require serving the full one month. On top of that, I have been told not to take any CL or SL during this period.

I have provided the 15 days and adjusted 15 days of PL, but HR and my boss are adamant about not allowing such an adjustment and insist on serving the full one-month notice. On top of it, I have been told not to take any CL or SL during this period.

Standard Approach to Leave During Notice Period

There is no law mandating that you must be given leave during the notice period. It is solely dependent on corporate practice. Mostly, it will be disallowed. Sick leave is generally allowed if you are actually sick, but usually, the notice period gets extended accordingly.

Regards,

Termination Clause in Appointment Letters

Every appointment letter has a clause regarding the termination of services from both the employee and the employer. This clause clearly states the notice period, which may be one month or longer. If you have adjusted leave, then your notice period will be extended.

The adjustment of leave depends on the circumstances. For example, if an employee has 60 PL days in balance, gives resignation, takes 30 days of leave, and states that the notice period will be deducted from the full & final, the adjustment of leave will be considered. Normally, we pay leave encashment based on basic wages, and we pay gross salary when adjusting leave on salary paydays. Therefore, we cannot adjust the leave in such cases. However, we can consider making adjustments on a case-by-case basis, usually for one or two days, on humanitarian grounds.

Regards,
Shamsher Yadav
Gurgaon